2009-11-06 TPDtele - Laserfiche WebLink

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LEITHEAD TODD: Yes. METTLER: For the sole purpose of antennas. And if there’s an apartment building that has already got a permit -. LEITHEAD TODD: Basically this is on the floor and it’s basically designed to try and take care of co-location on an existing tower, something that has already been approved for, you know, putting telecommunications equipment. You know, if you want to argue additional language I think that the appropriate venue is going to be the County Council; and I recommend coming in with a proposed change -. METTLER: Okay. LEITHEAD TODD: That’s written out. WOODWARD: Commissioner Iwashita. IWASHITA: Yes. As to I guess Item 4, yeah, 4, amendment to Chapter 25, Hawaii County -. METTLER: Excuse me, can I say one more thing before you start? I had one other issue that I wanted to bring up. WOODWARD: Okay, briefly. METTLER: So sorry. In here it says that the telecommunication antenna or tower shall be permitted in whatever districts, provided that the antenna, tower and its use are not hazardous or dangerous to surrounding area and director -. I know that it says that it is, that this is currently in the Code where it says “and its use is not hazardous or dangerous.” I just wonder if having the word “antenna” in there, and the Federal Communication Act recognizes the impact of “hazard” from antennas, and I’m wondering -. WOODWARD: Right, this does not circumvent the Telecommunications Act of 1996. METTLER: Okay. It appears to, I just wanted to bring it up. WOODWARD: No, it can’t because the Telecommunications Act specifically says no state or local jurisdiction can have any, to circumvent -. LEITHEAD: Yeah, this mainly goes to whether the structure is built to a certain hurricane resistance standard more than anything else. METTLER: Okay. But it does say antenna on it. I just wanted to bring it up. LEITHEAD TODD: Well, if the antenna is going to fall off at an 80-mile per hour wind then it’s hazardous. 10 EXHIBIT C